From plowing roads and driveways, digging out stranded motorists, transporting people to safer locations, getting food and medical care to those in need and extending a warm and friendly hand of hope to people who had quite literally felt their lives were in danger, Genesee County officials and emergency responders took some moments this week to celebrate bravery, extraordinary efforts and well-deserved kudos for their ongoing work during Blizzard Elliott in late December.

County legislators read proclamations honoring each district within the county, as emergency responders gathered in camaraderie to share highlights of that three-day ordeal. The breadth and scope of the rescues, though attempted through stories, news reports and online posts, have still probably missed some of the myriad elements involved during those blindingly snow-blanketed days.

Once Elliott blew through the northwest corner of the county, “raging its fury on the Town of Alabama and surrounding areas, causing life-threatening circumstances to many travelers and farm animals,” the proclamation begins, “and Blizzard Elliott debilitated this district in a very short time, causing roadways to be unpassable. With the quick action of so many, it is easy to say we have heroes amongst us.”

Genesee County assisted more than 700 travelers, with dispatch taking 1,021 service calls and first responders rescuing 125 people. Approximately 240 cars and 60 tractor-trailers were stuck in drifts as high as 10-feet, county officials said, and 12 warming shelters were opened in surrounding areas. Hundreds of vehicles were pulled out of ditches by tow trucks, farmers, firefighters and good Samaritans.

“The Genesee County Legislature recognizes and admires our dedicated law enforcement, firefighters, emergency management, highway, elected leaders, food banks, schools, churches, tow truck operators, snowmobile clubs, local businesses and citizens who all rose to the occasion when others needed help,” the proclamation states. “Now, therefore, be it resolved the Genesee County Legislature would like to thank you ALL for the available forces of manpower, equipment and community helping hands that came together. The goal of preserving life was focused on and achieved. Volunteers who left their families to search for and save visitors are our most valued community members.

“Thank you to the warming shelters for providing safety, food and care to stranded visitors, thus demonstrating the high level of dedication we have for humankind in Genesee County. We extend our gratitude and respect for your community response to Elliott,” it states.

Likewise, Sheriff William Sheron, Emergency Management Services Coordinator Tim Yaeger and County Highway Superintendent Tim Hens shared about the high level of cooperation and collaboration amongst the county’s emergency service and highway providers, and how that made such a difference in the results during that winter storm. There were no fatalities.

“Thank you for the service we have here in Genesee County,” Sheron said. “Undoubtedly, you have saved lives. We wouldn’t be able to survive without you guys. What a team effort. I can’t thank you enough, from the bottom of our hearts.”

Hens also thanked everyone and said he was proud to represent the town and village highway superintendents and city public works. Everyone “put aside barriers” and got the job done to ensure that roads were cleared when possible.

“I want to recognize their efforts. They all came to the call,” he said. “It’s truly remarkable how our community comes together.”

A nod of thanks and appreciation was also given to County Manager Matt Landers, who worked throughout that Christmas weekend helping to rally friends for food donations and, with his daughter as sidekick helper, drove around to pick up items and get them to the staging area of the city fire station.

Photos by Howard Owens  Top Photo of Emergency Management Services Coordinator Tim Yaeger at the podium as Sheriff William Sheron looks on during the proclamation ceremony.

County Legislators John Deleo and Marianne Clattenburg watch a video about Winter Storm Elliott that was produced by the Town of Alabama Highway Department.

Legislator Marianne Clattenburg with (not in order) Gary Patnode, Alabama Fire Chief, David Boyle, Village of Oakfield, Nate Fix and Anthony Johnston of SnoPackers, Sean Downing, Oakfield Fire Chief, and Oakfield Assistant Fire Chief Chad Williams; 

Legislator Christian Yunker with (not in order) Vito Muoio, South Byron Fire, Jeremy Rassel, South Byron Fire, Garett Dean, Bergen Fire, Robert Mruczek, Byron Fire Chief, Nick Esten, Elba Fire Chief, and Gretchen Rosales, superintendent of Elba School District. 

Legislator Gordon Dibble with LuAnne Mileham, Ed Mileham, Indian Falls/Pembroke Assistant Fire Chief, Greg Lang, Corfu Fire Chief, and Jeff Luker, Darien Fire Chief.

Legislator Brooks Hawley with (not in order) Christopher Scopano, LeRoy Ambulance, Tim Eckdahl, Stafford Fire Chief, Craig Johnson, LeRoy Fire Chief, and Paul Dibble, Town of Batavia Fire Chief.

Legislator Gregg Torrey with Jeff Fluker, Bethany Fire Chief, left, Carl Hyde Jr., Bethany Town Supervisor, right.

Legislator John Deleo, Euguene Jankowski Jr., City Council President,  Jeffrey Bartz, Grace Baptist Church,  Bob Fix, City of Batavia Fire, and Christopher Camp, Batavia City Assistant Police Chief.

Legislator Gary Maha, with (not in order) Pam McCarthy, Mercy EMS, Sheriff William Sheron, Undersheriff Bradley Mazur,  Sgt. Kyle Krzemien, Deputy Jonathan Dimming, Deputy Jacob Kipler, Highway Superintendent Tim Hens,  Superintendent, Tim Yaeger, Emergency Management Services Coordinator, Frank Riccobono, Communications Director,  Scott Hultz, NYSDOT Resident Engineer for Genesee & Orleans Counties, and  Jeff Braley, NYSDOT Resident Engineer for Genesee & Orleans Counties.

Sheriff William Sheron.

County Highway Superintendent Tim Hens

Alexander Fire, along with Mercy EMS and Attica's ambulance, responded to a two-car accident at about 8 a.m. in the area of 10799 Alexander Road.

Two people were transported to UMMC for evaluation and treatment.

No information has been released about the accident.  Reader submitted information and photo.

UR Medicine at 7995 Call Parkway plans to reopen for all services beginning Jan. 30, staff member Kim Hally-Hettrick says.

Hally-Hettrick had the unfortunate duty to inform patients in late December that the Batavia-based facility would be closing due to frozen pipes and resulting flooding. The site is now ready for business, she said. 

Practices include Primary Care 585-345-1779; Allergy and Immunology 585-486-0930; Medical Oncology 585-602-4050; Neurosurgery 585-225-5767; Otolaryngology and Audiology 585-758-570; and Urology 585-275-2838.

File Photo by Howard Owens.

Press Release:

In honor of Black History Month, the Alzheimer’s Association is offering a free live webinar “Alzheimer’s & Dementia Conversations: Changing the Face of Research” on February 1 at 3:30 p.m. ET. The one-hour webinar will feature a robust discussion on the historical inequities in clinical trials and their lasting impact on Black Americans and other underrepresented populations. Currently, there are more than 6 million Americans living with Alzheimer’s disease. Among Black Americans age 70 or older, more than 1 in 5 (21%) are living with Alzheimer’s.

Panelists will include Dr. Reuben Warren, Director Tuskegee University National Center for Bioethics in Research and Healthcare, Reverend Dr. Ann Marie Bentsi-Addison Posey, Senior Director of Faith Based Initiatives, New York City Health and Hospital Corporation and Reverend Dr. Miriam J. Burnett, Medical Director, International Health Commission, African Methodist Episcopal Church (AME) Church.

According to the 2021 Alzheimer’s Association Facts and Figures report, nearly two-thirds of Black Americans (62%) believe that medical research is biased against people of color. A history of exclusion from clinical trials and a lasting history of discrimination from the medical establishment contributes to high levels of mistrust of clinical trials among Black Americans.

“We know that Alzheimer’s disease disproportionately affects Black older Americans,” said Dr. Carl V. Hill, chief diversity, equity and inclusion officer, Alzheimer’s Association. “We are committed to continue engaging underrepresented communities.”

To register, visit “Alzheimer’s & Dementia Conversations: Changing the Face of Research”.

Submitted photo of Dr. Carl V. Hill.

Editor's Note: This article has been updated on 1/26/23 to include details of the future facility upgrades.

A project at two major city facilities that began more than five years ago is finally coming to fruition after City Council approved the use of post-COVID funds for the work this week.

During a special business meeting on Monday, council approved reallocating $635,000 of American Rescue Plan Act funds for upgrades at the City Fire and Bureau of Maintenance department facilities. Funds of $400,000 and $235,000 are being diverted from prior projects of Cohocton water and Austin Park’s playground, respectively.

ARPA money was from 2021 Coronavirus Local Fiscal Recovery Funds to assist municipalities with post-COVID measures to rebound from financial losses.

These two capital projects were first eyed in 2017 and were then put on hold in 2020 due to the pandemic.

“We finally got a project engineered and out to bid. It came back much higher,” City Manager Rachael Tabelski said.

She recommended taking funds previously allocated for the Cohocton Water and Austin Park playground projects and reroute them to the fire station and Bureau of Maintenance projects.

She wasn’t suggesting scrapping the other projects, but to finance Cohocton Water and find other grants for the playground later on, she said.

The city received a total $1,474,764.79 of ARPA funding, $722,000 of which has already been spent at the fire station for water system engineering, apron accessibility, a new sewer camera and water meter reader, she said.

Public Works Director Brett Frank outlined details of both new projects.

Fire Department work is to include:

• General Improvements
• Fire Suppression System
• Fire Alarm System
• New generator
• Plumbing improvements
• Electrical improvements
• HVAC improvements

Bureau of Maintenance work is to include:

• Completely reconstructed trench drain
• Plumbing tmprovements
• HVAC improvements

A total price tag of nearly $1.9 million for the fire station and bureau of maintenance projects includes that $635,000 reallocated from ARPA, $1,100,000 from facility reserves, $55,000 from FEMA and another $100,000 from ARPA.

The Cohocton Water project includes the potential to remove an existing line and replace the waterline on Walnut Street as well, she said. That project has now swelled to $2.6 million and will need to be financed by a bond, she said. The park playground has an opportunity for future grant funding, so she recommended taking both ARPA funds for the facility improvements.

In related votes, council approved contracts with Camco General Contracting, Inc. for general contractor, DG Messmer Corporation for plumbing, and Concord Electric Corporation for electrical.

Council also reviewed additional future expenses to be completely financed, including $1.5 million for a new ice rink chiller and Zamboni ice machine, $1.7 million for a street light LED conversion, $1 million for sanitary line work at Maple and Mill streets, and $12.5 million for a new police facility.

Top Photo of city fire station from City of Batavia; above of CIty Manager Rachael Tabelski by Howard Owens.

Press release:

Officials at Genesee/Orleans Council on Alcoholism and Substance Abuse have expanded the qualification criteria of the nonprofit agency’s annual Foundation scholarships.

GCASA Chief Executive Officer John Bennett has announced that four $1,000 scholarships will be awarded in May to students enrolled in schools or colleges located in Genesee and Orleans counties.

“The major change is that now students enrolled in a Genesee County or Orleans County school can apply for the scholarship even if their primary residence is in a different county,” Bennett said. “Previously, the scholarship eligibility stipulated that the high school students had to live in Genesee or Orleans.”

While one scholarship will go to a student in Genesee and another to a student in Orleans, the other two scholarships will go to a technical/trade school student and an adult student pursuing a bachelor’s and master’s degree who will be attending college in the fall of this year.

Bennett said the GCASA Foundation was established to support the work of GCASA and other human service agencies who are working to improve community health.

“The board of directors of both GCASA and GCASA Foundation are committed to providing quality services,” he added. “Educated, skilled employees and board members are the necessary ingredients for effective service delivery systems in the behavioral health field.”

Applications are available on the GCASA website – www.gcasa.org – or can be obtained by contacting Diane Klos at Diane Klos at 585-815-1883 or dklos@gcasa.org. Completed applications must be received via email or postmarked by 3/10/2023.

Other pertinent scholarship information is as follows:

• Applicant must be accepted at an accredited college or university and enrolled in or matriculated in an eligible program/major.

• Eligible programs or majors include: Social Work, Nursing, Health Science, Mental Health Counseling, Psychology, or Human Services.

• Current GCASA employees, board members and GCASA Foundation board members are NOT eligible.

• Relatives of GCASA employees, board members and GCASA Foundation board members ARE eligible.

• Applicant must provide academic history such as high school and/or college transcripts.

• Applicant must provide two letters of recommendation from someone who knows the applicant’s work/volunteer/academic history. Letters from relatives will not be accepted.

• Applicant must provide a resume or personal biography including work history, volunteer experiences, and extra-curricular activities.

• Applicant must provide an essay that addresses educational and employment objectives as they relate to the mission of GCASA. Financial need, volunteerism, employment history and civic involvement will be given careful consideration.

• The scholarship recipient will be announced at GCASA’s annual membership meeting in May 2023 upon verification of acceptance into an accredited college or university.

• The scholarship monies will be awarded upon completion of the fall semester. The award recipient must provide a copy of their transcript demonstrating at least a 2.0 GPA.

• Applicant may be invited for an interview before final awards are made.

A Monroe County man injured in a motorcycle accident at 1:30 a.m. on Aug. 9, 2021, is suing the Town of Batavia, alleging that a sign on Batavia Stafford Townline Road was pointing in the wrong direction causing him to misread a curve in the roadway.

Daniel W. Felix, Sr., is claiming he sustained significant injuries as a result of the crash.

Attorneys for the Town of Batavia have filed a response denying many of the allegations in the lawsuit.

According to the suit, filed in June, Felix was directed to the right by a road chevron sign when the road actually curved left.

The suit states, "The improper and unsafe right-facing road chevron sign existed for a sufficient period of time prior to the crash to serve as actual and/or implied constructive notice of the defect which existed through negligence, carelessness, and recklessness."

The suit does not state for how long a period of time the plaintiff believes the chevron pointed in the wrong direction.

The suit also states that double yellow lines also indicated he needed to move further to the right on a left curve, "causing him to exit off the road to the right with his motorcycle."

Felix is represented by C. Daniel McGillicuddy of Williamsville.

The town's answer was filed by Michael P. McLaren and Peter L. Powers, of Buffalo.

In the response, the town "explicitly denies any negligence, culpable conduct, or liability."

The filing advances a number of defenses.  Some of them are technical in nature.

Among them:

• "Pursuant to applicable statutes, ordinances, rules and/or regulations, the Town of Batavia is liable only if, prior to the alleged incident complained of, the Town of Batavia received written notice of the alleged effect proximately causing the alleged injuries to the Plaintiff. No such written notice was ever received by the Town of Batavia."
• "The condition of the area at issue was the result of certain various municipal planning decisions, thereby providing the Town of Batavia with immunity from suit and/or liability."
• "Upon information and belief, Plaintiff's alleged injuries and damages were caused in whole or in part by his own negligence, carelessness, or want of care."
• "Plaintiff crashed his vehicle in the Town of Stafford, outside the jurisdictional limits of the Town of Batavia; therefore, Plaintiff fails to state a cause of action upon which relief can be granted against the Town of Batavia." 

The attorneys call upon the court to either dismiss the case entirely or reduce the Plaintiff's damages if any.  The town also asks to recover its attorney fees if it prevails.

The County, Town of Stafford and Town of Elba were all originally named as codefendants, but the action against those agencies was discontinued by stipulation last month.

The Town of Pembroke passed a resolution at its meeting last week supporting a bill authored by Assemblyman Steve Hawley that would allow online-only news sites to publish legal notices.

Currently, any legal notice or public notice, published by an online-only news outlet doesn't meet the statutory requirements for properly letting the public know about a variety of actions taken by public agencies.  There are a number of potential actions by a government agency, such as announcing a public hearing on a specific topic, that must be published in a printed newspaper in order for that statutory requirement to be met.

The resolution passed by the Town Board states:

WHEREAS the Town of Pembroke has had ongoing issues with advertising in the Batavia Daily News and

WHEREAS the Pembroke Town Board believes that Johnson Newspaper Corporation / New York Press Service does not understand the legal ramifications of prompt advertising according to New York State Laws and deadlines and

WHEREAS the Pembroke Town Board believes that it is unfair to only allow for advertising in a printed, paid publication because it limits notices to only those residents that pay for that service; NOW, THEREFORE, BE IT

RESOLVED that the Town Board of the Town of Pembroke supports Assembly Bill A2040 Sponsored by Assemblyman Steve Hawley which would allow for online publication of public notices.

The bill is AB 2067 and changes one of the statutes governing legal notice to read:

§ 40-a. Public notices and publications.  Subject to the provisions of subdivision two of this section and notwithstanding any provision of law to the contrary, in any case in which notice of any fact is required by law to be published or advertised in a newspaper, in addition such requirement shall be satisfied by publication of the notice in an online news publication that:

a. provides general interest news on a daily basis to a defined geographic location; and

b. has been continuously published for at least one year prior to the date of publication of the notice. 1

2. Any publication made pursuant to the terms of this section shall be subject to all requirements and stipulations of publication imposed by law or by order of a court of competent jurisdiction with regard to the notice, with the exception of a requirement that the notice is published in a newspaper.
 

Hawley has introduced his or a similar bill every year for at least a decade. Newspaper owners have lobbied against any change in the law in order to protect their legal notice monopoly. As a result, even with bi-partisan support in some years, the bill has never made it out of the governmental administration committee.

New York's General Construction Law Section 50  currently defines "newspaper" as only a printed publication.  

A change in the law would also allow government agencies to designate online-only publications as the publication of records for the jurisdiction.

St. Paul Lutheran School has been celebrating "School Week" this week.

Events started Sunday, when students sang at the 10 a.m service. 

On Monday, they participated in a Read-A-Thon. Children dressed as book characters.

Tuesday was Planetarium Day at the Williamsville North High School, for K-6. The children were invited to wear "silly socks."  They enjoyed an African Drum Circle at the school.

Wednesday was Pastor's Day, and the children were asked to wear their Sunday Best to school

Today is Agriculture in Education Day and tomorrow is Mancuso Family Bowling Day. 

Submitted information and photos.

Press release:

The Oakfield Republican Committee is looking for candidates to fill the following positions. All are for four (4) year terms:

• Superintendent of Highways
• Town Clerk
• Councilpersons (2)

Interested persons should submit their letter of interest to:

Melissa M. Haacke, Secretary ORC 19 Bennett Ave. Oakfield, NY 14125, No later than, Feb. 8.

The Republican Committee meeting is at 6:30 p.m. Feb 9, at the Oakfield Community & Government Center, 3219 Drake St., Oakfield.

A U.S. Magistrate on Wednesday upheld a motion by David Bellavia to remove him as a codefendant in a lawsuit filed by his ex-wife alleging a conspiracy to effect a false arrest by officials in Orleans County in January 2021.

In his ruling, Magistrate Jeremiah J. McCarthy states that Nathan McMurray, the attorney for Deanna King, failed to make the case in his complaint filed with the court that King's arrest in the Town of Ridgeway lacked probable cause.

McCarthy said the complaint lacked the facts necessary to substantiate an arrest without probable cause.

The written opinion is a recommendation by McCarthy to the presiding federal judge, John L. Sinatra, who will issue a final ruling. 

King, according to documents filed in Federal Court, was arrested in January 2021 while she and Bellavia were in the midst of a contested divorce.  The case was eventually sealed by a justice in the Town of Ridgeway, and the final disposition of the case has not been publicly disclosed.

Bellavia, a former Batavia resident, was bestowed the Medal of Honor by President Donald Trump in 2019.  King is a Batavia resident and a broadcast personality in Rochester.

McMurray unsuccessfully ran for Congress three times, seeking a seat that would have included Genesee County. He is currently an attorney associated with Advocates for Justice Chartered Attorneys, based in New York City. He has represented George Maziarz in a lawsuit against Batavia Downs that was eventually dropped. He is also the attorney of record in a lawsuit against the Town of Irondequoit that was recently dismissed. He's reportedly also threatened the Veterans Administration with a lawsuit related to the Route 77 intersection next to the WNY National Cemetery in Pembroke.

In the initial claim written by McMurray on King's behalf, Bellavia is accused of threatening to have King arrested as part of an ongoing communication during their divorce proceedings.  Bellavia was, according to the suit, upset with King because of social media posts.  It alleges that Bellavia "followed through" on his threat by contacting a friend and political ally who works for the major crimes unit of the District Attorney's Office to effect King's arrest.

King claims that Corey Black called her at her home in January 2021 and informed her there was a warrant for her arrest. 

There is no publicly available information on the warrant and which court might have issued it, though the case was handled by the Town of Ridgeway Court. 

In Divorce Court, King and Bellavia were apparently instructed to communicate only about the children using a parenting app called AppClose.

The initial complaint filed by McMurray states:

On January 8. 2021, he (Bellavia) texts, “You are going to get in trouble.” Ms. King never called him, other than her having her son call him after repeated attempts to obtain health insurance information via the parenting application had failed. Accordingly, Ms. King explained on December 31, 2021, “I haven’t called you or had any non-children contact related with you, nor do I have a desire to call you. I only wanted the health insurance information you wouldn’t give.” 

None of the assertions made in the complaint, McCarthy ruled, rise to the level of proof that King was wrongfully arrested and that her civil rights were therefore violated.

"Although King repeatedly alleges that she was arrested and prosecuted without probable cause, she does so only in (a) conclusory fashion," McCarthy wrote. 

Meaning, the magistrate believes McMurray, or King, is concluding that there was no probable cause but doesn't provide sufficient facts to substantiate the claim.

McMurray, via text message, said he disagrees with the magistrate's opinion.

"The court ordered Ms. King to communicate with Mr. Bellavia on a parenting app about the children, which she did," McMurray stated. "Mr. Bellavia, however, continued to harass and threaten her on the app, which is all documented. There was no probable cause to arrest Ms. King, an issue that the court has not ruled on as of yesterday."

McCarthy heard oral arguments in the case on Tuesday and, in his written ruling, was critical of McMurray's presentation and "failure to identify the factual and legal elements of the specific criminal charge against King because the criminal complaint was sealed."

It's unclear from court documents if McMurray or King sought to have her case unsealed, at least for the purpose of providing those documents to McCarthy.  McCarthy indicates the documents were not available to the court and were apparently not reviewed by McMurray.

"How, then, could he allege in good faith that probable cause was lacking?" McCarthy wrote. "By signing the Complaint and proposed Amended Complaint, he certified that 'to the best of [his] knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.”

In making the filing, McCarthy states, McMurray also asserted that  “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.”

McMurray, via text message, said he plans to object to the ruling.

"To explain what was actually decided, the judge did not yet resolve whether it was appropriate for an investigator for a district attorney (in a distant county) working in a major felony drug crimes unit — who was not a police officer and just happened to be the friend of the defendant, Mr. Bellavia — arrested a mom because she asked for a health insurance card for her kids. But we will proceed with our efforts to get answers."

Regarding McMurray's assertion of a "distant county," one of the assertions of King's complaint is that authorities in Orleans County did not have jurisdiction in the matter because neither Bellavia nor King lived in Orleans County at the time of the criminal complaint against King.

Bellavia declined to comment on the matter, but a close associate of Bellavia's said that Bellavia has lived in Orleans County consistently since 2015.

Bellavia's attorneys, Donald W. O'Brien, Jr., and William F. Savino, declined to comment for this story.

According to a prior filing by the attorneys, many of the allegations made in King's complaint raise allegations made during the divorce proceeding and should have been kept confidential.  They also sought to seal a memorandum delivered to the court by McMurray that made new allegations that, the attorneys said, were subject to seal as part of the divorce proceedings. Earlier this month, McCarthy declined to redact and seal those portions of King's complaint. The attorneys have the option to reapply for sealing that portion of the suit.

Orleans County, the Orleans County Sheriff's Office, the Orleans County District Attorney's Office, Corey Black, and "Deputy John Doe" are all named codefendants in the lawsuit, and the complaint against those defendants has not been dismissed.  None of those codefendants have filed answers with the court, and McCarthy issued an indefinite stay of their requirement to respond pending further proceedings in the case.

Think of a tiny hamlet up north, not quite reaching Canada, filled with regular town folk but with no governing rules because nobody ever got around to officially organizing. It’s filled with geese, and moose, snow-sprinkled deer, and scenery so photogenic you’d swear it’s Maine.

But as you will soon learn, it’s Almost, Maine, Batavia Players’ next show to debut this weekend.

“The whole premise of the show is that it takes place over 10 minutes. And the place that's called Almost Maine is based on an actual place. So it's nine different vignettes that take place in the same town with nine different couples. It's kind of a cool premise, like a snapshot in a small town, to me is kind of like a cool premise,” Director Patrick Burk said. “So it goes from everything from the ridiculous to the sublime. There's extremely funny parts, there’s extremely dramatic parts, there's challenging parts, there's social redemption parts. It's really a great, great play.”

The show runs at 7:30 p.m. Friday and Saturday and at 2 p.m. Sunday on the concourse stage inside Batavia City Centre.

What better way to spend a cold winter night than to learn about the intermingling of those nine couples, introduced to the audience through each separate scene? Though the entire production is 90 minutes, each scene reenacts the same 10-minute point in time from varying perspectives, which fascinated Burk when he first encountered the show.

It makes a spectator wonder, ‘why didn’t he know that so-and-so did that?’ a question that is answered when one realizes that the scene is happening at the same exact time as every other scene, Burk said.

“There's connections between the scenes because, obviously, like in any tiny town, everybody knows everybody else. So there's references to the other scenes. And there's a lot of names that switch back and forth with the scenes, with the couples talking about different issues. It's a beautiful, beautiful play, it really is. But it's kind of a strange way to be looking at things because you're trying to figure out, well, why didn't she know that?” he said. “And it's because it happens at the same time, so she wouldn't know. It's not like one scene follows another scene. It all happens at the same time. So it's a very strange premise, but it's beautifully done. And I think the cast does a phenomenal job of that.”

Part of the beauty is that people fall in — and out of — love, hearts get broken, love happens in the strangest of ways, and residents of Almost, Maine -- cue the dramatic music -- “will never be the same,” according to the show’s description.

The set is rather basic since it is based outdoors, with a bench, chairs and a table, and costumes of winter apparel. There are 19 characters and 16 actors — some have two characters each — and Burk has been impressed with how actors embraced their roles so fully to unfold completely within each 10-minute segment.

“It is very, very popular in high schools. I think the characters are amazing,” he said. “I kind of looked at it as a fairy tale. Could this be true?”

He was equally impressed with how well actors collaborated with one another, given they were from several counties, including Genesee, Orleans, Wyoming, and Niagara.

That, coupled with the ability to perfect the role and be familiar with those of others in case of illness and absenteeism, has worked out well, he said.

“We just came off of our Christmas show, with a cast of 40 people, we were really pushing the envelope, and then coming back with this — and we’ve only been rehearsing for three and a half to four weeks,” he said. “I really do hope people come and see it. It's a tremendous show. And it's absolutely beautiful. I know, I say that frequently when we do things, but it really is a beautiful show. It really has a huge appeal, I think to a wide array of people. And I think people will see things, and the characters, of family and friends and themselves, and people that they know.

"And I just think it's extremely well written, and our actors in this particular show, the 16 of them are absolutely amazing. I can't say enough about it,” he said.

Almost, Maine was developed at the Cape Cod Theater Project in 2002 and received its world premiere at Portland Stage Company, where it broke box office records and garnered critical acclaim. It opened Off Broadway in the winter of 2005/2006 at the Daryl Roth Theatre and was subsequently published by Dramatists Play Service. Almost, Maine has been produced by more than 5,000 theater companies in the United States, making it one of the most frequently produced plays of the past decade.

Tickets are $16 for adults and $14 for students and seniors. To purchase, go to showtix4u.com.

Photos during rehearsal include actors Shaun Coburn, Jacquie Morrison, Justin Chortie, Brianna Jones, Maia Zerillo, Seth Coburn, Richard Ferris, Sophie Houseman, Stephen VanValkenburg, and Kristen Gelia. Photos by Howard Owens.

The Alexander Trojans fell to 5-10 in Boys Basketball on Tuesday with a loss to Wheatland-Chili, 60-48.

Dylan Pohl scored 16 points for the Trojans. Trent Woods scored 13 and Paul Schmitt scored eight.

Also in Boys Basketball on Tuesday:

• Notre Dame beat C.G. Finney, 74-68
• Oakfield-Alabama beat Rochester Prep, 61-53
• Pavilion beat Lyndonville, 67-50
• Pembroke beat Cheektowaga 76-75

In Girls Basketball:

• Elba beat Pavilion, 50-39.  Sydney Reilly scored 16 points for the Lancers. She had six assists and six steals. Maddie Hall scored 12 points. Mariah Ognibene had 13 rebounds to go with four points scored and two steals. For Pavilion, Lauren Kingsley scored 18 points and had 20 rebounds. Karlee Zinkievich scored eight points and had five assists. Kylie Conway scored eight points.
• Byron-Bergen lost to Gananda, 48-38.
• Le Roy beat Batavia, 45-40. Corina Dunn scored 17 points and had seven rebounds for Le Roy. Abby Allen scored 15 points. Lindsey Steffenilla had 10 rebounds.

To view or purchase photos, click here. Photos by Steve Ognibene

Friends of Jim Owen are asking that attendees of this Saturday's funeral who work at a school or had Jim as a teacher at school to please wear your school apparel or colors to the service. 

"That is what Jim is all about, he's being buried in the jacket from his obituary picture," friend Michael Marsh said.

The funeral service will be at 11 a.m. Saturday at Northgate Free Methodist Church, 8160 Bank Street Road, Batavia.

For those that can't attend, the service will be livestreamed and available for viewing online. 

Cancellations for Wednesday, Jan. 25 are below. This list will be updated as we receive submissions. Send cancellations to news@thebatavian.com.

• Alabama Fire has canceled bingo due to the weather.
• All after school and evening activities at Batavia City School District have been canceled for Wednesday.
• The BHS Opening Reception at GO ART! has been canceled this evening. It has been rescheduled for Feb. 15.  
• Due to the deteriorating weather conditions, Elba Central School is canceling all afterschool and evening activities for Wednesday.
• Northgate FMC Wednesday Night 7 p.m. Men's Group has been canceled.

In covering a lawsuit filed by organizers of the Batavia-based ReAwaken America Tour against Attorney General Letitia James, The Batavian reached out to James for comment Monday and did not hear back before the story was published.

We wanted to know why she felt it necessary to involve herself — a state official — with a religious/political event; what she was hoping to accomplish by issuing the warning; and how she intends to defend her stance given that the event did not include any visible threats of violence as predicted.

An AG office spokesperson said that "As the top law enforcement officer in the state, it is our job to remind any organization or individual about the laws in our state, especially those that protect New Yorkers against racially motivated violence or harassment.”

“The letter from our office served as a basic reminder of those very laws and to suggest otherwise is incorrect,” the spokesperson said.

The office also included a copy of the letter, which The Batavian already had, and included portions in its published story. The full letter can be read below, and outlines the attorney general’s concerns and the foundation upon which organizers Pastor Paul Doyle and Clay Clark, in collaboration with their attorney, used to file the lawsuit against James for defamation, libel and impinging their First Amendment rights, to boil down the lengthy scope of litigation material.

To sum it up, event organizers sued the attorney general, alleging defamation and a violation of their civil rights. She, in turn, is standing by her letter, suggesting it is her right as the state's “top law enforcement official” to send such letters to private citizens. 

Here is the letter in full, dated August 3, 2022, sent to General Michael Flynn and Clay Clark, care of Cornerstone Church in Batavia:

General Michael Flynn and Clay Clark:

As New York’s top law enforcement officer, I have significant concerns that the ReAwaken America Tour’s upcoming event at the Cornerstone Church in Batavia, New York on August 12 and 13 could spur extremist or racially motivated violence.

These concerns center around the event’s proposed dates, which coincide with the five-year anniversary of the deadly Unite the Right rally in Charlottesville, Virginia, and past extremist statements made by yourselves and the other featured speakers on the tour.

I am especially concerned about featured speakers’ regular allusions to white nationalist ideals connected to the “Great Replacement Theory,” a conspiracy theory that warns of white genocide and efforts to replace native born Americans with immigrants. The theory is frequently linked to violent actions, including the racially motivated mass shooting that killed 10 people at a Tops Friendly Markets store in Buffalo.

 Especially in light of this racist mass shooting, and other recent episodes of racially motivated violence in New York and throughout the country, the Office of the Attorney General is concerned that such rhetoric could contribute to violent or unlawful conduct at the ReAwaken America Tour’s upcoming event.

The Office of the Attorney General writes to remind you that New York law prohibits racially motivated violence, harassment, or interference with another person in the exercise of their civil rights.

New York Civil Rights Law § 79-n empowers the Office of the Attorney General to investigate acts of violence, intimidation, threats, or harassment directed at people based on a belief or perception regarding an individual’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation. In addition to actual damages, any person who violates this statute can be held liable for $5,000 in penalties for each violation.

Additionally, New York Civil Rights Law § 40-c prohibits discriminating against another person in the exercise of their civil rights — including their right to peacefully protest — based on similar protected characteristics.

Finally, New York Executive Law § 63(12) empowers the Office of the Attorney General to take action against any business engaged in significant fraud or illegality — including the violation of New York’s civil rights laws.

The Office of the Attorney General has a duty to protect New Yorkers from extremist and racially motivated violence. We stand ready to investigate any violation of the laws above and, if necessary, to enforce them to the fullest extent available.

You are therefore instructed to take all necessary steps to ensure that the event complies fully with the requirements of New York’s civil rights laws and all other applicable state and federal statutes.

Your cooperation in ensuring a peaceful and law-abiding event will be greatly appreciated.

Sincerely,

LETITIA JAMES

New York State Attorney General

CC: Cornerstone Church

Photo of NYS Attorney General Letitia James from her website.

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